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EASY v. DEPT. OF NATURAL RES. & CONSERV.

No. 87-297.

752 P.2d 746 (1988)

Fred EASY, Plaintiff and Appellant, v. The STATE OF MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION and the State of Montana, Defendants and Respondents.

Supreme Court of Montana.

Decided March 31, 1988.

Attorney(s) appearing for the Case

Robert T. Cummins, W. William Leaphart, The Leaphart Law Firm, Helena, for plaintiff-appellant.

John H. Maynard, Tort Claims Div., Dept. of Admin., Helena, for defendants-respondents.

HARRISON, Justice.

This case arose in the First Judicial District Court, Lewis and Clark County, Montana. Fred Easy, hereafter the plaintiff, appeals from the District Court's instruction to the jury that a laid-off state employee is entitled to a "tie-breaker" preference in rehiring by state agencies. The plaintiff argues that the state employment policy affords him an absolute preference in rehiring by the State. The State...

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